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 THE JUDICIARY IS THE GUARDIAN OF JUSTICE

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T O P I C    R E V I E W
Momodou Posted - 06 Mar 2014 : 22:33:53
THE JUDICIARY IS THE GUARDIAN OF JUSTICE WHEN ITS INDEPENDENCE IS NULLIFIED JUSTICE IS CRUCIFIED
Foroyaa Editorial: Published on Thursday, 06 March 2014


A Functioning judiciary is the best guarantee for the rule of law to prevail in a country. It entails security of tenure, internalisation of values of impartiality and fairness, adequate remuneration to reduce any temptation to accept bribery and non interference by the agencies of the state.

An unfettered judiciary would ensure the dispensation of unhindered and unalloyed justice. The degree of commitment of a government to the principle of the rule of law is determined by the degree of independence enjoyed and exercised by the judiciary. When court orders are respected and enforced, the people are bound to develop greater trust and confidence in the judiciary.

When a people are convinced that justice would ultimately be done, trust and confidence in the judiciary do contribute to greater respect for law. Where the orders of courts are honoured with disregard; trust and confidence in the judiciary would erode, respect for law would dwindle and the rule of might would prevail. Hence, magistrates, judges and lawyers would become irrelevant since people would be able to predict the outcome of cases before trials are held.
States that do not have credible judicial systems do not enjoy respect in the world. They do become isolated and do not attract solidarity and investments. The liberty and prosperity of the people becomes the casualty. The very objective of leadership in a Republic is defeated.
In the case of The Gambia, Section 1 of the Constitution states: “The Sovereignty of The Gambia resides in the people of The Gambia from whom all organs of government derive their authority and in whose name and for whose welfare and prosperity the powers of government are to be exercised in accordance with this Constitution.”
Hence it is clear that without justice general welfare is honoured with total disregard. A government that fails to respect the orders of the court would be subverting the very letter and spirit of the Republican Constitution and would be unfit to govern.

This is why Foroyaa has been closely monitoring the judicial arm of the state so that the people could see for themselves whether justice is being done. As the old saying goes, “Justice must not only be done, it must be seen to be done.”
In a country with an electoral system, the electorate should take note of their findings and rely on them to judge their candidates when they come before them to renew their mandate.
This is the value of information in a Republic.

Source: Foroyaa

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